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Guided answer
I want to sell or transfer my trademark
Transfer rules turn on whether the mark is registered, whether goodwill goes with it, and whether the transfer splits the rights.
An assignment without goodwill needs advertisement.
High complexity - significant legal consequences
- An assignment made without the goodwill of the business does not take effect unless the assignee applies to the Registrar for advertisement directions within six months of the assignment (extendable by up to three months in total) and advertises as directed (section 42).
- The application is on Form TM-P and states the assignment date (rule 80); the assignment application must say whether the mark was used in the business and whether the assignment was made apart from goodwill, and attach proof of the advertisement (rule 81).
- Section 42 has two exceptions: assignments of some registered goods or services with the goodwill for those goods or services, and assignments of marks used for exports where the export business goodwill transfers.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.